KING v REGINA [2011] NSWCCA 46

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KING v REGINA [2011] NSWCCA 46 Hearing dates: Wednesday 2 March 2011 Decision date: 24 March 2011 Before: Hodgson JA at 1 Adams J at 2 Hall J at 3 Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - whether sentence manifestly excessive - applicant on conditional bond at time of offence - offence contrary to s.112(1) malicious damage by fire of place of employment - damage in excess of $1.5 million - whether trial judge erred in not taking sufficiently into account subjective factors - whether use of the term "mid-range of objective seriousness" in error where there is no standard non-parole period - remarks on sentence addressed in detail objective and subjective factors - offence objectively very serious - applicant not truthful to the Court regarding his circumstances Legislation Cited: Crimes Act 1900 Cases Cited: Hinchcliffe v Regina [2010] NSWCCA 306 House v The King (1936) 55 CLR 499 Regina v Cage [2006] NSWCCA 304 Regina v Gaudry & McDonald [2010] NSWCCA 70 Regina v Sivell [2009] NSWCCA 286 Regina v Way (2004) 60 NSWLR 168 Category: Principal judgment Parties: Nelson Gary KING v REGINA Representation: Counsel: Crown: C Maxwell QC App: A Francis Solicitors: Crown: S Kavanagh App: S E O'Connor File Number(s): 2008/11357 Decision under appeal Date of Decision: 2008-10-02 00:00:00 Before: English DCJ File Number(s): 2008/11357